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Military, War, and Peace Commons

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American University Law Review

2020

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Full-Text Articles in Military, War, and Peace

Review Of Recent Veterans Law Decisions Of The Federal Circuit, Angela K. Drake, Yelena Duterte, Stacey-Rae Simcox Jan 2020

Review Of Recent Veterans Law Decisions Of The Federal Circuit, Angela K. Drake, Yelena Duterte, Stacey-Rae Simcox

American University Law Review

The last in-depth review of veterans law cases decided by the Federal Circuit was published by the American University Law Review in 2015. Since that time, the Federal Circuit has substantially changed procedural rules applicable to veterans cases, including authorizing the use of the class action device and clarifying the correct standard to use when challenging agency delay and inaction. In an important case with wide application to administrative law generally, the Federal Circuit addressed the issue of proper deference for agency regulations and policies. The Supreme Court granted certiorari in Kisor v. Wilkie and reaffirmed principles articulated in Auer …